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(영문) 수원지방법원 2017.07.04 2017고단2365

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2017, around 09:25, the Defendant driven a car in the column B without obtaining a driver's license from around 117:00 to around 9.6 km from around 3:00 to around 117:0,000 to the 3rd distance from the original source of Young-gu, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of investigation reports (verification of Unlicensed Driving Distance) Acts and subordinate statutes;

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 62 (1) of the Criminal Act (amended by Act No. 1014, Mar. 1, 201);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances] The defendant acknowledged his mistake while making a confession of the crime of this case; the defendant did not cause other damage, such as traffic accidents; and the defendant has no record of criminal punishment exceeding the fine.

[Unfavorable Circumstances] The crime of this case is a case where the defendant drives a vehicle without a driver's license, and the nature of the crime is not good, and the defendant has been sentenced to four times a fine due to the violation of the Road Traffic Act (dacting) and the violation of the Road Traffic Act (dacting without a driver's license).